Beating a Michigan DUI Charge

Beating a Michigan DUI Charge

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Let's begin with one clear understanding:  You have no chance to beat a Michigan DUI charge unless you look for a way out of it.  That means looking hard, and examining all the evidence carefully.  Drunk driving cases don't beat themselves, nor does a prosecutor or Judge dismiss a drinking and driving charge unless he or she is forced to do so.  Worse yet, absolutely no one, from the police officer that made the arrest, to the Judge or the prosecutor assigned to the case, cares one bit how much you "can't have" a DUI, or how disastrous its effect will be upon you.  If you want or need to get "out" of a DUI, you're going to have to force someone's hand.  As a Detroit DUI lawyer, that means finding something upon which I can capitalize that calls the evidence into question.

Traffic Stop and Alcohol Test

Two of the best and most common places to find something wrong with the case are the traffic stop and the breath or blood test.  In order to successfully challenge a traffic stop, you have to know the law.  It is also important to know how the law interprets the facts as related by the police officer and his or her report.  Not surprisingly, the way those facts are reported will always "justify" the arrest.  In the history of the world, no police officer has ever admitted he or she pulled someone over for no good reason.  This makes it all the more important for me to investigate thoroughly, and get a copy of any in-car video. 

Picking apart the evidence

To challenge a breath or blood test, or the results of one of those tests, you have to know the science behind them, and how any of many health situations (hypoglycemia, for example) can affect things.  In addition, being a bona-fide, Detroit DUI attorney means knowing how the law, and more specifically, how our local, Detroit-area Judges interpret that science.  This is an important part of what separates a DUI Lawyer, and even a local DWI attorney, like me, from someone who just "does" DUI cases.

I could write endlessly about things that could be, or should be, but anyone facing a DUI is far better served by focusing on how things are "in the real world."  In the real world, it is most often something about which my Client is completely unaware that has the makings of an issue that can be used to beat, or knock out a DUI.  Sometimes, the police make a mistake that's so obvious, even the person arrested knows that something isn't right.  More often, however, it takes a microscopic review of all of the evidence to find that one little thing that can be used leverage the way out of a drunk driving charge.

The real point here is that in order to get a DWI charge dismissed, you have to look, and know what you're looking for.  One of my favorite examples of what not to look for occurs rather frequently.  I'll often be told that the police didn't read a person his or her rights at the time of the arrest.  "Miranda rights," as they are known, are generally not of any issue in a DUI case.  The police must, however, advise a person of his or her chemical test rights.  It is not uncommon, perhaps due to the stress of the situation, to have a person tell me that he or she doesn't recall being read any chemical test rights, only to later find their signature on a form specifically advising the person of those rights.  Other times, we can leverage a lot out of the fact that the chemical test rights weren't read.  It just comes down to taking the time to do things right.

I know the way around these issues; this is what I do each and every day.  Even in cases where things might appear cut and dried, or otherwise hopeless, there are innumerable things that can be done to get a DUI charge (often written up as "OWI" or "Operating While Intoxicated") dismissed. 

The bottom line is that just as a sick patient looks to their doctor for help in getting better, so does a DUI client look to their attorney for help in making things better. 

If you're facing a DUI, I will fight for you and protect you using all of my experience, knowledge and education I have obtained in my decades of practicing as a DUI attorney.  I am a genuine Detroit DUI lawyer, and I can help you make things better for YOU.